Zellerbach Paper Co. v. United Paper Workers International Local 1400

Zellerbach Paper Co. appeals the district courts dismissal of its complaint under Fed. R. Civ. P. 12(b)(6). Zellerbach seeks a declaration that two grievances filed by the United Paper Workers International, Local 1400 for alleged violation of practices in effect before the parties present collective bargaining agreement are not arbitrable. Zellerbach contends that the agreements arbitration clause covers only disputes over express terms of the agreement, none of which obligates Zellerbach to adhere to past practices. We review de novo dismissal for failure to state a claim under Rule 12(b)(6), Balistreri v. Pacifica Police Dept, 901 F.2d 696, 699 (9th Cir. 1990), and affirm.